Province sued over ATV accident
Case of implied consent has merit: legal expert
Last Updated: Tuesday, November 3, 2009 | 5:36 PM CT
CBC News
A former Manitoba Corrections officer left a quadriplegic after an ATV accident has filed a lawsuit against the provincial government, its floodway management agency and the Rural Municipality of Springfield.
In a statement of claim filed in court on Oct. 29, Donald Blazeiko said the three entities failed to properly and safely maintain dirt paths near Manitoba's floodway that have been used by many off-road enthusiasts for years.
Blazeiko was riding his ATV on dirt trails running along the northeast outskirts of Winnipeg on Oct. 2, 2008, when he hit a large dip and flipped the machine.
He suffered a compression fracture to his spine and spent more than six weeks in hospital.
He didn't leave a provincial physical rehabilitation centre until a few weeks ago and now lives in government-subsidized housing, court documents said.
According to the documents, Blazeiko cannot return to work because he needs almost constant care. He's suing for an unspecified amount of financial damages for loss of income and future health-care costs.
He also wants the court to order that his past and future caregivers be awarded money for looking after him.
Province obliged to tend floodway paths: lawyer
Blazeiko's lawyer, Martin Pollock, told CBC News on Monday that the province had an obligation to keep the off-road trails safe and to erect warning signs.
"It is a playground and it has to be regulated," Pollock said. "And it had been known to the authorities that the area had been used extensively for recreational use.
"I think that those who are using the floodway are entitled to have the floodway properly signed and properly maintained and properly inspected," Pollock said.
The allegations made in the lawsuit have not been proven and no statement of defence has been filed by any of the three entities named as defendants.
The province is expected to comment on the issue on Tuesday.
University of Manitoba law professor John Irvine said even though Blazeiko didn't have express permission to be on the floodway land, there's a strong legal argument that the government didn't do enough to keep ATVs off the property.
"Protracted use of the area by people like this without effective efforts or renewed efforts to exclude them would be evidence of implied consent," Irvine said.
